The Short Answer

In Florida, you usually cannot simply “put a deceased parent’s timeshare into your name” by calling the resort. If your parent owned a transferable interest, the right to transfer it generally runs through the estate—meaning a court order (often summary administration) or a personal representative’s authority is typically needed before the timeshare company and county records will recognize you as the new owner.

The correct path depends on whether the timeshare is treated as a real property interest (deeded) or a contract/right-to-use membership, and whether a Florida probate case is required.

What Florida Law Says

Florida probate law gives the estate’s personal representative control over the decedent’s property for administration and distribution, and Florida provides streamlined probate options for smaller estates or when enough time has passed since death. For many families, the practical goal is obtaining the legal authority (a probate order or personal representative authority) that third parties—like a timeshare developer, management company, or county recorder—will accept to change ownership.

The Statute

The primary law governing whether a Florida estate can use a faster probate process is Fla. Stat. § 735.201.

This statute establishes that summary administration may be available when the Florida estate subject to administration (excluding certain exempt property) is $75,000 or less, or when the decedent has been dead for more than 2 years.

Why You Should Speak with an Attorney

Timeshares are deceptively complicated in probate because the “ownership” may be a recorded deeded interest, a points-based program, or a contract with transfer restrictions—and each can trigger different documentation requirements. Even when summary administration is available, mistakes can create delays, title problems, or unexpected liability.

• Strict Deadlines: Whether you qualify for summary administration can turn on timing (including the 2-year rule in Fla. Stat. § 735.201) and creditor-related timing concerns that can affect distributions.
• Burden of Proof: You may need clear proof of how the timeshare was titled, who the legal heirs/beneficiaries are, and what exactly is being transferred (a deeded interest vs. contractual rights). Resorts and closing departments often reject incomplete or mismatched paperwork.
• Exceptions: Some timeshare programs impose transfer fees, require specific forms, or limit transfers; and if there are unpaid maintenance fees, liens, or disputes among heirs, the “transfer” can become a contested estate issue rather than a simple name change.

If you want a deeper explanation of how probate transfers typically work for Florida property, you may find this helpful: Can a Florida executor (personal representative) sell estate real estate without court approval?. For deed/title issues that commonly derail transfers, see: How Do I Update a Deed and Put the Property in My Name in Florida?.

Get Connected with a Florida Attorney

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.